RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20060012868 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the 45 days he served in the Dominican Republic.  He also requests award of a second Combat Infantryman Badge, multiple awards of the Air Medal, the Good Conduct Medal, plus a few other unnamed awards.

2.  The applicant essentially states that his overseas time on his DD Form 214 is incorrect by 45 days, which was the time he was in the Dominican Republic.  He also states, in effect, that he thinks he should have been awarded the second award of the Combat Infantryman Badge, some Air Medals, the Good Conduct Medal, plus a few other awards. 

3.  The applicant provides his DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
17 April 1966, the date of his release from active duty.  The application submitted in this case is dated 29 August 2006.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant requested correction of his records to show multiple awards of the Air Medal.  There are no orders or other evidence authorizing any awards of this decoration to the applicant.  In the absence of a proper award authority, the applicant may request multiple awards of the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying under Section 1130 and, as a result, multiple awards of the Air Medal will not be discussed further in this Record of Proceedings.

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was awarded the Vietnam Service Medal, the Armed Forces Expeditionary Medal from service in the Dominican Republic, the Combat Infantryman Badge, the basic Parachutist Badge, and the Expert Marksmanship Qualification Badge with M-14 Rifle and M-16 Rifle Bars.

5.  The applicant’s military records show that he served 7 months and 28 days in Vietnam from 20 August 1965 to 17 April 1966 with Company A, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile) until he was reassigned to the Medical Holding Detachment, 7th Field Hospital on 15 December 1965.  This foreign service is also shown in Item 24c of the applicant’s DD Form 214.  

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) and DD Form 214 both clearly show that he was awarded the Armed Forces Expeditionary Medal for service in the Dominican Republic.  However, there is no evidence which shows how long or when he actually served in the Dominican Republic.  The applicant also did not provide any evidence to show when and how long he served in the Dominican Republic.  

7.  The applicant’s military records do not show that he was awarded the Good Conduct Medal.  However, his military records do show that he served 2 years, 
11 months, and 26 days of continuous enlisted active duty from 22 April 1963 to 
17 April 1966.  His conduct and efficiency ratings were all “excellent” or “unknown,” with the exception that his academic efficiency during basic airborne training was “good (Academic)”.  There is no record of the applicant being court-martialed, and there is no derogatory information in his military records that would preclude awarding him the Good Conduct Medal for this period of service.

8.  The applicant stated that he believed that that he should have been awarded a second award of the Combat Infantryman Badge.  The applicant served in both Vietnam and the Dominican Republic during his active duty service from 22 April 1963 to 17 April 1966.  However, only one award of the Combat Infantryman Badge is authorized for qualified Soldiers for service in the Republic of Vietnam Conflict 
(2 March 1961 to 28 March 1973) combined with qualifying service in Laos; Dominican Republic; Korea on the DMZ; El Salvador; Grenada; Joint Security Area, Panmunjom, Korea; Panama; Southwest Asia Conflict; and Somalia, regardless of whether a Soldier has served one or multiple tours in any or all of these areas. 

9.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.  

10.  The applicant served on active duty from 22 April 1963 to 17 April 1966; however, his military records do not show that he was awarded the National Defense Service Medal.
11.  The applicant served 7 months and 28 days in Vietnam from 20 August 1965 to 17 April 1966; however, his military records do not show that he was awarded the Republic of Vietnam Campaign Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in 
Vietnam.  This document shows that at the time of the applicant’s assignment to the 1st Battalion, 8th Cavalry Regiment, the unit was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 40, dated 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.  This document also shows that at the time of the applicant’s assignment to the 1st Cavalry Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 10, dated 1968.  

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are also not disqualifying.

14.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A second award of the Combat Infantryman Badge is indicated by superimposing one star centered at the top of the badge between the points of the oak wreath.  To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in the following qualifying periods:

	a.  World War II (7 December 1941 to 3 September 1945);
	b.  the Korean Conflict (27 June 1950 to 27 July 1953);

	c.  the Republic of Vietnam Conflict.  Service in the Republic of Vietnam conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos; Dominican Republic; Korea on the DMZ; El Salvador; Grenada; Joint Security Area, Panmunjom, Korea; Panama; Southwest Asia Conflict; and Somalia, regardless of whether a Soldier has served one or multiple tours in any or all of these areas. The Republic of Vietnam Conflict Era officially terminated on 10 March 1995; and

	d.  the War on Terrorism (Afghanistan, Operation ENDURING FREEDOM, and Iraq, Operation IRAQI FREEDOM). 

15.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

16.  Army Regulation 600-8-22 also provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 24c of his DD Form 214 should be corrected to add the 45 days he served in the Dominican Republic.  He also contends that he should be awarded a second Combat Infantryman Badge, the Good Conduct Medal, plus a few other unnamed awards.

2.  While the Board clearly sees that the applicant was awarded the Armed Forces Expeditionary Medal and most likely earned his first Combat Infantryman Badge while serving in the Dominican Republic, there is no evidence in his military records, and the applicant did not provide any evidence which conclusively shows how long and when he served in the Dominican Republic.  Regrettably, absent evidence which conclusively shows how long he served in the Dominican Republic, there is insufficient basis for correcting item 24c of his DD Form 214 to add any additional foreign service for the Dominican Republic.

3.  The applicant served 2 years, 11 months, and 26 days of continuous enlisted active duty from 22 April 1963 to 17 April 1966.  His conduct and efficiency ratings were all “excellent” or “unknown,” with the exception that his academic efficiency during basic airborne training was “good (Academic)”.  There is no record of the applicant being court-martialed, and there is no derogatory information in his military records that would preclude awarding him the Good Conduct Medal for this period of service.  Therefore, he is entitled to award of the Good Conduct Medal for the period 22 April 1963 to 17 April 1966, and correction of his military records to show the award of the Good Conduct Medal.

4.  Although the applicant served in both Vietnam and the Dominican Republic as an Infantryman, only one award of the Combat Infantryman Badge may be awarded during the Republic of Vietnam Conflict for service in Vietnam, Laos; the Dominican Republic; Korea on the DMZ; El Salvador; Grenada; Joint Security Area, Panmunjom, Korea; Panama; Southwest Asia Conflict; and Somalia, regardless of whether a Soldier has served one or multiple tours in any or all of these areas.  Therefore, he is not entitled to a second award of the Combat Infantryman Badge.

5.  The applicant served on active duty during a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to award of the National Defense Service Medal, and correction of his military records to show this award.

6.  The applicant served more than 6 months in Vietnam during a qualifying period of service for award of the Republic of Vietnam Campaign Medal.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal, and correction of his military records to show this award.

7.  General orders awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 1st Battalion, 8th Cavalry Regiment while the applicant was assigned to this unit.  General orders also awarded the Meritorious Unit Commendation to the 1st Cavalry Division while the applicant was assigned to this division.  Therefore, he is entitled to award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 April 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 April 1969.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LD ___  ___EM __  __RN   __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Good Conduct Medal for the period 22 April 1963 to 
17 April 1966 while serving as a specialist four; and

	b.  awarding him the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding his foreign service in the Dominican Republic, as the exact period of this foreign service could not be conclusively established, or showing two awards of the Combat Infantryman Badge.





____ LaVerne Douglas________
          CHAIRPERSON
INDEX

CASE ID
AR20060012868
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070612
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
110.0000.0000
2.
100.0000.0000
3.
107.0056.0000
4.
107.0111.0000
5.
107.0069.0000
6.
107.0088.0000
7.
107.0031.0000
8.
107.0034.0000
9.
107.0094.0000
10.
110.0400.0000